The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008

Determination of a PCT or the Secretary of State made before the relevant date (regulations 8, 9, 10 and 11)

13.—(1) Where, before the relevant date, a PCT (or where relevant, the Secretary of State) has determined pursuant to regulation 8(5)(a), regulation 9(3) or regulation 11 that an amount should be recovered from the ophthalmic practitioner, in so far as any of that amount has not been recovered before the relevant date, it shall continue to be recoverable by the PCT that was the appropriate PCT for the purposes of the Service Committees Regulations in respect of that matter, and it shall be treated as a debt owed by that ophthalmic practitioner to that Trust.

(2) Where a contracting PCT has record of, or receives notification of, an adverse determination made before the relevant date pursuant to regulation 8, 9, 10, 11 or 12 in respect of an ophthalmic practitioner (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal), paragraph (3) shall apply without prejudice to any other rights the contracting PCT may have to take action against the relevant contractor pursuant to any term of the general ophthalmic services contract.

(3) Where this paragraph applies, the contracting PCT—

(a) may take into account that adverse determination in relation to a relevant contractor if it is considering, pursuant to a term of the general ophthalmic services contract that gives effect to paragraph 46(7) (remedial notices and breach notices) of Schedule 1 to the Contracts Regulations, whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract; but

(b) in any case where the contracting PCT is considering terminating the general ophthalmic services contract, it shall not take into account any adverse determination that was made more than 6 years before the date of any such proposed termination.

(4) Where a Performers List PCT has record of, or receives notification of, an adverse determination pursuant to regulation 8, 9, 10, 11 or 12 made before the relevant date in respect of a ophthalmic practitioner (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal) it may take that determination into account in determining what (if any) action it should take in respect of that ophthalmic practitioner pursuant to its powers under the Performers Lists Regulations.